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June 2014

PART C: Information on & Around

By Narayan Varma Chartered Accountant
Reading Time 5 mins
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The PMO to Seek Modi’s Nod To Disclose ‘Riot’ Letters To Vajpayee:
The Prime Minister’s Office will take the nod of Gujarat government and chief minister Narendra Modi for releasing the correspondence exchanged with the then Prime Minister Atal Bihari Vajpayee after the post – Godhra Riots in 2002.

The information was earlier denied by the central public information officer of the PMO citing section 8 (1) (h) of the Right to Information Act, without giving any reasons, which exempts information that would impede the process of investigation or apprehension or prosecution of offenders.

The decision was overturned during the appeal before his senior Krishan Kumar, director Prime Minister’s Office, where the applicant had objected to the response of the CPIO saying he failed to give germane reasons behind denial of information.

The applicant had also underlined that the correspondence was 11 years old and was not likely to have an impact on the investigation, apprehension and prosecution of offenders. Upholding the reasons given by the applicant, the appellate authority directed the CPIO to provide additional details with regards to the case.

“As regards contention that the grounds for exemption claimed under section 8 (1) (h) are not tenable, CPIO is directed to obtain fresh inputs in this regards and provide the same to the applicant within 15 working days”, Krisnan Kumar, director and appellate authority had decided. In the last response to six and a half month old RTI application, Rizwi said after the appeal decision that the matter was referred to the office for fresh inputs.

“It is informed that third party (Gujarat Government and Modi in the present case) consultation under Section 11 (1) of the RTI Act is underway on a similar request and response regarding disclosure of information in this regard will be provided to you after due process as envisaged in section 11 of the Act is completed ,” he said.

Gadkari and I.T Department:

BJP has called an RTI reply from the income tax department, which said no investigation was pending against former party president Nitin Gadkari, as a “clean chit” to the leader.

The I.T. department, however, says its investigation in the matter of Purti Sugar and Power Ltd. is actually over and the matter is now at the stage of assessment.

Sources in the I.T. department said Gadkari was never the focus of investigation as he had a minority stake in the company. “The investigation was against Purti group which had received dubious investments through shell companies. Gadkari came in the limelight as he is the founder – promoter of the company”, said an I.T. officer. The RTI query, filed by one Sumit Dalal in February, asked the department,” Is any inquiry/investigation pending against Mr. Nitin Gadkari?” After initially refusing to reply, the Nagpur I.T. department, following an appeal, replied in April that no inquiry was pending against Gadkari in its Department.

Citing the RTI reply, BJP is called the case a political conspiracy to frame Gadkari at a time when he is about to be elected president of the party for a second term.

Spice jet Lies

1. Advertising professional Anil D’Souza writes “I was booked on Spice jet flight SG – 109 from Delhi to Mumbai on May 23 last year, which was scheduled for departure at 10:10 am. On reaching the airport at 8 am, a few of us were told that the flight had been advanced by five hours and that SMSes had been sent to the passengers informing the changes”.
“I was told by the airline staff that they couldn’t find my mobile phone number or e mail ID. I flew to Delhi on a Spice jet flight and received the information/updates through SMSes and e mails. Did they lose my contact details all of a sudden?” he asked.

2. D’Souza spent around Rs. 9,000 on an Indigo ticket to return to Mumbai. (The Spice jet flight costed him around Rs. 6,000) he was refunded Rs. 8,269.80 by the airline two months later. After the airline rejected his claim of additional compensation, he filed a query under the RTI Act and demanded to know the status of the flight in question from the DGCA.

3. ”Replying to the RTI query, the DGCA said that the flight SG – 109 had been cancelled on May 23. I was shocked at the airline’s blatant bluff and have initiated action in the consumer court. I will also initiate criminal proceedings against Spice jet”’ he said.

A senior Spice jet official said that the flight had indeed been advanced by five hours. “It was operated under a different flight number. Nevertheless, we will probe the matter,” the official said. D’Souza, however, insists that the airline had been lying to him for the past 10 months. “I wrote to Spice jet demanding an explanation and got a reply from the airline’s customer relations executive, who wrote that the flight in question had been rescheduled due to ‘operational reasons.’ He further said that as per the airline records, only travel agency/portal landline number were updated as flyers’ primary numbers”, D’Souza said. Determined to make the airline pay for the ‘lapse’, he said, “I will make sure the airline submits the proof of having contacted all the passengers booked on that flight. It is obvious that the flight didn’t take off.

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